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The Annotated Code of the Public General Laws of Maryland, 1939
Volume 379, Page 737   View pdf image (33K)
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CONVEYANCING 737

This section cited in construing sec. 49. Fouke v. Fleming, 13 Md. 407.
Cited in In Re Universal Storage & Transfer Co., 4 F. Supp. 425.
See notes to sec. 45.

An. Code, 1924, sec. 47. 1912, sec. 46. 1904, sec. 44. 1888, sec. 43. 1856, ch. 154, sec. 130.

48. If acknowledged out of the State, before any officer authorized to
take acknowledgment of deeds.

An acknowledgment held invalid under the act of 1856, ch. 154, see Berry v. Matthews,
13 Md. 560.

This section cited in construing sec. 49. Fouke v. Fleming, 13 Md. 407.

Cited but not construed in Stiefel v. Barton, 73 Md. 411.

An. Code, 1924, sec. 48. 1912, sec. 47. 1904, sec. 45. 1888, sec. 44. 1729, ch. 8, sec. 5.
1856, ch. 154, sec. 131. 1888, ch. 464.

49. Bills of sale shall be recorded in the county or city where the
vendor or donor resides within twenty days from the date thereof. If
the vendor or donor resides out of the State, and the personal property
conveyed by such bill of sale is located in this State, then such bill of sale
shall be recorded in the county where such property is located, or in Balti-
more City, if it be located in said city, within twenty days from the date
of such bill of sale.

Application of this section.

In bill of sale covering wheat crop given as security for fertilizer, held that if there
were creditors subsequent to making such bill of sale, and before recordation, trustee
in bankruptcy entitled to proceeds from sale of wheat for all creditors. In Re Cook,
9 F. Supp. 764.

A deed for the benefit of creditors conveying personal property is a bill of sale with
a declaration of trust, and comes under the operation of this section. Stiefel v. Barton,
73 Md. 411. Cf. Hoopes v. Knell, 31 Md. 555.

This section does not apply to a deed or a bill of sale made outside of Maryland.
Wilson v. Carson, 12 Md. 76 (decided prior to the act of 1888, ch. 464); Moore v. Title
and Trust Co., 82 Md. 291. Cf. Fouke v. Fleming, 13 Md. 407.

Generally.

The fact that the bill of sale was recorded within twenty days must appear; an un-
signed statement on the bill of sale as to the time of its record, held insufficient. Byer v.
Etnyre, 2 Gill, 161.

A bill of sale held to be duly recorded as required by this section. Salabes v. Castle-
berg, 98 Md. 652; Kreuzer v. Cooney, 45 Md. 590.

Design of this section. Wilson v. Carson, 12 Md. 76; Garrett v. Hughlett, 1 H. & J. 4;
Gill v. Griffith, 2 Md. Ch. 271; Hudson v. Warner, 2 H. & G. 430.

This section referred to in construing sec. 45. Ober and Sons Co. v. Keating, 77
Md. 103.

This section referred to in construing sec. 54. Pleasanton v. Johnson, 91 Md. 676.

This section referred to in construing sec. 71. Gunby v. Motor Truck Corp., 156 Md. 19.

Cited in Fire Ins. Co. v. Merrick, 171 Md. 485.

Cited in construing Art. 4, Sec. 840, Code Pub. Loc. Laws. Miller v. Hirschmann,
170 Md. 154.

As to railroad equipment and rolling stock, see sec. 109.

See also secs. 1, 14 and 45, and notes.

An. Code, 1924, sec. 49. 1912, sec. 48. 1904, sec. 46. 1888, sec. 45. 1856, ch. 154, sec. 142.

50. A mortgage of personal property shall be executed, acknowledged
and recorded as bills of sale.
Failure to record mortgage on chattels did not affect its validity as between mort-

tagor and mortgagee, and did not affect elimination of mortgaged articles excluded by
re policy. Fire Ins. Co. v. Merrick, 171 Md. 485.

Seal necessary for valid chattel mortgage, though it may be good without seal as
against prior unsecured creditors. Tyler Co. v. O'Ferrall, 153 Md. 355.

Cited in construing Art. 4, Sec. 840, Code Pub. Loc. Laws (1938). Miller v. Hirsch-
mann, 170 Md. 154.

Cited in In Re Universal Storage & Transfer Co.. 4 F. Supp. 425.
A mortgage held to be executed, acknowledged and recorded as required. Salabes v.
Castelberg, 98 Md. 652.

This section referred to in construing sec. 45. Ober and Sons Co. v. Keating, 77
Md. 103.
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The Annotated Code of the Public General Laws of Maryland, 1939
Volume 379, Page 737   View pdf image (33K)
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